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South Africa decisions
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Van Der Merwe v Bosch N.O and Others (39756/2016) [2025] ZAGPPHC 278 (19 March 2025)
The High Court granted defendants leave to amend a plea to raise an alleged settlement about a dead man’s will, and ordered the plaintiff to pay the amendment costs.
Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319) [2024] ZAGPJHC 1200 (14 November 2024)
The court held that “my children” in the testator’s will included a non-biological daughter raised as his child, granting declaratory relief.
Du Toit and Another v Kruger N.O and Others (18777/23) [2024] ZAWCHC 281 (26 September 2024)
The court found that clause 4.1.1 of the testator's will expressly granted the executor absolute and unfettered discretion to sell or lease the immovable properties and to determine the price, with the executor's decision being final and not reviewable. This constituted a clear contrary intention as contemplated by section 47 of the Administration of Estates Act. The statutory requirement for heirs' consent or Master's approval does not apply where the will provides otherwise. The sale agreement entered into by the erstwhile executor was valid and enforceable, and the respondents, as current…
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Blumberg v Blumberg and Another (2024/024590) [2024] ZAGPJHC 951 (25 September 2024)
The court found that the document relied upon by the applicant did not meet the requirements for a valid acknowledgment of debt, as it lacked clarity on the computation of the debt, payment terms, and enforceability. Even if valid, an acknowledgment of debt does not confer the same security as a mortgage bond and cannot be registered as a caveat over immovable property. The court further held that the applicant's financial support to his mother does not automatically create a recoverable debt enforceable against her estate, especially where such an arrangement would indefinitely limit her con…
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Spangenberg and Others v Engelbrecht NO and Another (717/21) [2023] ZASCA 100 (14 June 2023)
The Supreme Court of Appeal held that a will clearly granted habitatio over two plots, rejected extrinsic evidence, and dismissed the appeal with costs.
W v Williams-Ashman N O and Others (823/2020) [2023] ZASCA 44; 2023 (4) SA 113 (SCA) (31 March 2023)
The Supreme Court of Appeal assumed, without deciding, that the appellant's prospective right to inherit under his former spouse's will could constitute property for the purposes of section 25 of the Constitution. The Court held that section 2B of the Wills Act does not amount to arbitrary deprivation of property, as it serves a legitimate legislative purpose: protecting testators from unintentionally benefiting former spouses in the immediate aftermath of divorce. The limitation restricting evidence of testamentary intention to the will itself is justified by the need for certainty and to pr…
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Heynike v Van der Westhuizen (35598/21) [2022] ZAGPJHC 765 (29 September 2022)
The court found that the settlement agreement dated 4 February 2021 was valid and enforceable, as the applicant accepted all its terms and the respondent's subsequent attempt to revoke or amend the agreement was ineffective. The respondent's arguments regarding lack of acceptance and psychological duress were unsupported by evidence. The court held that the property provision, which required the respondent to amend his will, was unenforceable as it infringed on his freedom of testation, a fundamental principle of South African law. The relief sought regarding the sale of the property and rest…
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Dube v Ndlovu and Others (20/13909) [2022] ZAGPJHC 37 (25 January 2022)
The court found that the 2014 will expressly revoked all previous wills and codicils, including the 2011 will, as evidenced by its clear language and revocation clause. The applicant's argument that the silence of the 2014 will on the Kagiso Property meant the 2011 will should prevail was rejected. The court held that the testator's intention, as reflected in the 2014 will, was to exclude the applicant as a beneficiary and to treat the Kagiso Property as part of the residue of the estate. The principles of freedom of testation and the requirement to give effect to the testator's last wishes w…
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Mnisi v de Beer and Others (31823/2021) [2021] ZAGPJHC 818 (15 December 2021)
The High Court confirmed the applicant’s marriage was valid, invalidated the competing marriage, and upheld a mutual will despite a challenge based on marriage in community of property.
King N.O. and Others v De Jager and Others (CCT 315/18) [2021] ZACC 4; 2021 (5) BCLR 449 (CC); 2021 (4) SA 1 (CC) (19 February 2021)
The Constitutional Court held that clause 7 of the will, which excluded female descendants from inheriting fideicommissary property, constitutes unfair discrimination on the basis of gender and is contrary to public policy as infused by constitutional values. The Court found that freedom of testation, while protected, is not absolute and must yield to the foundational constitutional values of equality and non-sexism. The Promotion of Equality and Prevention of Unfair Discrimination Act specifically prohibits practices that prevent women from inheriting family property. The Court rejected the…
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